The morning news. [volume] (Savannah, Ga.) 1887-1900, 1887-12-06
TOM VOOLFOLK ON TRIAL
ONLY ONE JUROR OBTAINED OUT
OF FOUR PANELS.


G. Voolfolk for the murder of his father,
Richard F, Voolfolk, and eight other mem
bers of his family, on the morning of Aug
6, was begun in Bib Superior Court this
morning before Judge G. w. Gustin The
case came up two weeks ago to-day but
upon petition of counsel for the defense,
was postponed until to-day in order that
more time might be allowed in which TO
procure witnesses. At the appointed hour
to-day Judge Gustin called the court to
order and sounded the case. So
lcitor General Hardeman, and Messrs.
Hall and Query, counsel for
the State, were present, together with G.
w. Howard, brother of Mrs. X. +. Wool
folk, one of the murdered nine. The pris-
oner came into court ten minutes afterwards,
accompanied by Sheriff Westcott, j. c.
Rutherford and +. r. Walker, his counsel.
His manner was bold and defiant, his form
was erect and his head thrown slightly back.
He faced the large crowd calmly, exhibiting
not the slightest trace of fear or nervous
ness His countenance bore serious, but
not sullen or unpleasant aspect. His face
was covered with short beard, not having
been shaved since he was brought TO court
OH Nov. 81 last.
WANTED TO GET SHAVED.
In leaving Jail this morning he asked
Sheriff WesIcott to let him stop at a barber
shop and be shaved before coming to court,
but as the hour for converting court was
already at hand, this privilege could not be
granted. Voolfolk was attired in the
brown suit recently given him by Mr..
Cowan, his brOtheT-in-law, of Hawkinsville.
He wore good pair of shoes, clean shirt
and collar, and black necktie The
reason Sheriff Westcott arrived at
the court house with his prisoner
ten minutes after the opening
hour was due to an interesting incident,
which may or may not have sensational
feature connected with it. WoolfOlk's feet
have been shackled ever since he has been
confined in the Bibb county jail This pre-
caution was deemed necessary for several
reasons. This morning when Sheriff West
colt entered Woolfolk'S cell and started TO
unloosen his shackles lie found that the locks
would not unfasten owing to the wards in
them being twisted, and it was necessary TO
send for blacksmith and have the shackles
sawed off
WOOLFOLK'S EXPLANATION.
Sheriff Westcott asked Voolfolk; "Tom,
what's the matter with these locks! Have
you been trying to unfasten them"
mo, sir; have not | suppose they
must have got twisted by my walking
around so much. You know 1 have done
nothing else in my cell except walk, walk.
have attempted no monkey business with
them whatever"
1t is probable that the locks got out of
order i'll the manner suggested by Wool
folk.
Judge Gustin instructed Clerk Adams to
call the regular summoned panels of jurors,
and as they answered to their names the
Sheriff or his deputies numbered them.
About POO jurors had been summoned in the
case. The case was called at 9:45 o'clock
Judge Gustin called the case as follows:
"The State VS.. Thomas A. Voolfolk, muir
der
The solicitor for the State answered,
Ready, as did Counsel Rutherford, of the
defense.
ABSENT WITNESSES.
On the call Of witnesses the following
were not present, all of whom live out of
the city: DR.. Foster, S. s. Pennington, Jack
DuboSe Alexander Bird and L. A Shackle.
ford. Counsel Rutherford stated that S. S.
Pennington, of LaGrange, was a very ma
terial witness, and that without his pres
ence the defense was unwilling to go to
trial. The defense expected to prove by
Mr.. Pennington certain deadly threats that
had been made by parties against Capt
Voolfolk shortly prior to the homicide. Mr.
Pennington acknowledged having receiveda
subpoena to be present as a witness, hut
would not come unless he was furnished
money to defray his travelling expenses. On
Friday last Attorney Walker sent the
money to Mr.. Pennington to come to Macon,
and it was reasonably expected that he
would be here this morning, and probably
he will come later
Counsel Rutherford also stated that the
negro, Jack Dubose, was also absent, and
that he was a very material witness for the
defense and that efforts had been made to
apprehend him, but without success. Du-
boz &c ftnA w.vl.A
some time ago and lodged in the
Cherokee county jail, where he made con-
fession or statement in regard to the Wool
folk homicide in which it was stated that he
was standing in the Voolfolk yard on the
fateful night and knew positively that Tom
Voolfolk did not commit the crime; that
after Tom Voolfolk jumped out of the win
dow the murderous blows were still being
heard in the house; that Sheriff Kitchings,
of Cherokee county, was then in the court
house and he desired TO put him on the
stand for the purpose of showing what Du-
bose did confess to him in the jail
Judge Gustin stated that he preferred
that the testimony be given in the shape of
an affidavit and asked Counsel Rutherford
TO write it out.
The court then adjourned until 12 o'clock.
THE PUBLIC RULED OUT.
Quite an animating scene was presented
at the doors of the Superior Court room at
10 o'clock. When the recess was over and
the hour for reconvening was at hand, q
great crowd of jurors, witnesses and Spec
tntors thronged about the doors to obtain
entrance, but by order Of the Judge none
were admitted save members of the bar,
representatives of the press, Jurors and wit
nesses. Many hundreds of citizens who had
come to witness the proceedings were denied
admission, much to their disappointment
Promptly at 12 o'clock Sheriff Westcott
entered the court room with Voolfolk. The
attorneys and all others closely interested
in the case were present.
Dr. Fred Foster, of Madison, witness
for the defense, who was not in attendance
at 8 o'clock, but had telegraphed that he
would be here during the day, reported
present at noon.
Judge Gustin asked the defense If they
were now ready.
Counsel Rutherford stated that the aft
davits of Sheriff Kitchings, Attorney
Walker, and the motion for a new trial had
been taken down by the stenographer, but
he had not had time to write out his notes,
but the stenographer could read the attida.
wits from his notes.
AN OBJECTION.
To this suggestion the Solicitor General
objected.
Judge Gllstin therefore discharged the
jurors and witnesses until 2:30 o'clock in
order To give the stenographer time TO